Tanfield Talks series: Contested Probate and Disputes Arising in the Administration of Estates

4th June 2020

Barristers: Charles Joseph, Adrian Carr, Olivia Murphy and Gwyn Evans

Charles Joseph, Adrian Carr, Olivia Murphy and Gwyn Evans will be offering practical advice and insights from their practices at Tanfield in these four inter-linked webinars. The webinars have been tailored for solicitors and legal executives who are engaged in dispute resolution concerning the estates of deceased persons, as well as those who do non-contentious work involving wills and estates.  These webinars offer a useful, and practical guide to the current legal framework, and provide tips on how to avoid problems, how to solve problems that arise in litigation, and how to save both time and costs.

Webinar 1 – Formal and Substantial Validity of Wills

In this first webinar the Tanfield team discuss the following topics: –

  • Incorporation of documents in a will.
  • Formal validity of wills, including the various statutory requirements
  • Codicils and alterations on the face of a will
  • Substantial validity of wills, including testamentary capacity, testator’s knowledge and approval, undue influence, fraud and forgery.

Listen to the webinar here


Webinar 2 – Intestacy, Statutory Wills, and Non-Contentious matters, including Rectification, Variation, Grants, Insolvency, Tax issues, Brussels IV

Addressing non-contentious and some contentious issues in the administration of estates, Charles, Adrian, Olivia and Gwyn provide an overview of: –

  • The importance and utility of statutory wills
  • Intestate estates. Who can take a grant?The effect of marriage and divorce on wills
  • Acts of executor before grant
  • Forms of grant (other than full grant)
  • Rectification of wills
  • Variation of wills
  • Caveats and citations
  • Brussels IV and cross-border issues
  • Tax implications
  • Insolvent estates

Listen to the webinar here


Webinar 3 – Probate Disputes:  Pre-issue, Procedural guidance, Beddoe applications and Disputes among PRs

In this webinar the Tanfield team focus on procedural matters, including: –

  • Pre-issue matters (including Larke v Nugus statements, pre-action guidance, the obtaining of testamentary documents pre-issue and the Law Society guidance)
  • CPR Part 57, issue, lodgement of documents, parties and limitation
  • Obtaining testamentary documents post-issue
  • CPR Part 64, applications for Beddoe orders (including procedural guidance)
  • Disputes between personal representatives (PRs) and removal or replacement of PRs
  • S.50 AJA 1985 and S.116 SCA 1981

Listen to the webinar here


Webinar 4 – Inheritance (Provision for Family and Dependants) Act Claims, including Eligibility, Quantification, Interim orders & Costs – Tips and Traps

In this fourth and final webinar, the focus is on those who argue that they have not been left reasonable financial provision by the deceased, either by way of will or pursuant to the laws of intestacy.The Tanfield team offer advice for both claimants and personal representatives, and address the following subjects:-

  • Classes of persons entitled to apply
  • Definition of reasonable financial provision
  • How the court determines a 1975 Act applications
  • Additional discretionary factors dependent upon type of applicant
  • How “maintenance” is construed by the courts
  • Negotiations, the time limit for applications and the relevant date for determination of the claim
  • Interim orders, interim costs and finally
  • Costs.

Listen to the webinar here.  

Each webinar is provided free of charge, and consists of a video of the speakers together with written material in the form of slides.

While every attempt has been made to ensure that the content of these webinars is accurate and up-to-date as at 1 June 2020, these webinars are purely for educational purposes and do not constitute legal advice and should not be relied upon for such purposes.  Every case will turn on its own particular facts and you should take appropriate advice in every instance.

For any questions related to the events, please send your email to events@tanfieldchambers.co.uk

Team: Charles Joseph, Adrian Carr
Expertise: Private Client, Wills, Probate & Intestacy


This content is provided free of charge for information purposes only. It does not constitute legal advice and should not be relied on as such. No responsibility for the accuracy and/ or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by any member of Chambers or by Chambers as a whole.



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